AF Concrete Pumping Pty Ltd v Ryan & Ors [2014] NSWCA 346

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AF Concrete Pumping Pty Ltd v Ryan & Ors [2014] NSWCA 346 Hearing dates: 23 May 2014 Decision date: 10 October 2014 Before: Meagher JA at [1]; Leeming JA at [97]; Sackville AJA at [98] Decision: (1) Grant leave to the appellant to appeal from costs order 1 made on 14 March 2013. (2) Appeal allowed in part. (3) Set aside order 1 made on 14 March 2013. (4) Order the first defendant (appellant) to pay the costs of the first respondent and Reliance Pools International Pty Ltd of the proceedings before the primary judge. (5) Appeal otherwise dismissed. (6) Dismiss the appellant's summons seeking leave to appeal as against the third respondent. (7) Appellant pay 90% of the costs of the first respondent of the appeal. (8) Appellant pay the costs of the second and third respondents of the appeal and of the third respondent of the summons seeking leave to appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: WORKERS' COMPENSATION - employer's non-delegable duty of care to employee - where employer an independent contractor and employee injured by negligence of another independent contractor - whether employer failed to provide a safe system of work - whether employer liable for independent contractor's negligence